Legal Opinion · Dissent

Smith v. Slack

West Virginia Supreme Court

Decided June 8, 1943No. 9434Published

1DissentLovins, Judge

The insufficiency of the evidence to support a verdict in favor of the plaintiff, had such been returned, and the unwarranted extension of the rule relative to judicial notice are the reasons for. my disagreement with the majority.

The treatment accorded Henry A. Foss while he was confined in jail cannot be condoned, and if such treatment caused or hastened his death, the persons responsible therefore should be held liable in damages. It is stated in the majority opinion that no cause of Foss’s death other than neglect and abuse by defendants is shown, to which statement I will add that it…

2Cases cited7 opinions

  1. Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
  2. Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
  3. Central Land Co. of West Virginia v. CalhounWest Virginia Supreme Court · 1880
  4. Hicks v. New River & Pocahontas Cons. Coal Co.West Virginia Supreme Court · 1923
  5. Ice v. County Court of Doddridge CountyWest Virginia Supreme Court · 1915

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